EconPapers    
Economics at your fingertips  
 

Considerations on replacing and suspending disciplinary sanctions. The issue of granting compensation for ungrounded or unlawful disciplinary sanctions

Barbu Vlad () and Stefania Dumitrache ()
Additional contact information
Barbu Vlad: Police Academy „Alexandru Ioan Cuza”
Stefania Dumitrache: Police Academy „Alexandru Ioan Cuza”

Juridical Tribune (Tribuna Juridica), 2011, vol. 1, issue 1, 52-57

Abstract: Court's ability to replace the disciplinary sanction imposed by the employer with an easier one is the power to individualize employee’s disciplinary sanction imposed by the general statutory criteria – the circumstances of committing the crime, the degree of culpability of the employee consequences of a disciplinary offence, the general behaviour of the employee and any disciplinary sanctions previously incurred. Another issue under discussion and which was not brought about a unified point of view is about the possibility of temporary suspension of disciplinary decision enforcement, pending resolution of the challenge which the court was invested with. This is why it’s necessary the intervention of the legislator as statuary express the legal nature of the disciplinary decision. In all cases where the court ordered the annulment of illegality punish the employee who suffered an injury will receive compensation under article 52, paragraph 2, article 78 or, where appropriate, article 269 paragraph1 of the Labour Code.

Keywords: individualization of disciplinary action; replacing disciplinary; court; disciplinary suspension; compensation; illegal disciplinary sanctions (search for similar items in EconPapers)
JEL-codes: K31 (search for similar items in EconPapers)
Date: 2011
References: View complete reference list from CitEc
Citations Track citations by RSS feed

Downloads: (external link)
http://www.tribunajuridica.eu/arhiva/An1v1/nr1/art%203eng.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:1:y:2011:i:1:p:52-57

Access Statistics for this article

More articles in Juridical Tribune (Tribuna Juridica) from Bucharest Academy of Economic Studies, Law Department Contact information at EDIRC.
Series data maintained by Catalin-Silviu Sararu ().

 
Page updated 2017-09-29
Handle: RePEc:asr:journl:v:1:y:2011:i:1:p:52-57